근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (an amount of four million won) on the summary of the grounds for appeal is too unreasonable.
2. Although the amount of unpaid wages and retirement allowances is 22 million won or more, the corresponding punishment is required in that the defendant's attitude is against it. However, the court below did not have the same criminal record, and 8 million won was paid as substitute payment at the court below, and the amount of the wages and retirement allowances was paid additionally at the court below, and the amount of the substitute payment was paid in a considerable amount of 10 million won, taking into account the defendant's age, sex, environment, family relationship, motive, and circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, and circumstances after the crime, the court below's punishment is unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;